This was a petition challenging the constitutionality of section 28 of the Elections Act (the Act), on grounds that it violates the right and freedom of (political) association guaranteed under articles 36 and 38 of the Constitution.
This appeal determined whether legislation on floor crossing that allowed members of the national, provincial and local governments to retain their seats despite defecting from parties whose platform they were elected, was inconsistent with the Constitution.
The appellants were elected as Members of Parliament under sponsorship of the United National Independence Party (UNIP), during the one-party regime. The Constitution was thereafter amended and allowed Zambia to be a multi-party state. The appellants resigned from UNIP and joined the Movement for Multi-Party Democracy.
